The Supreme Court had granted the application of the Adamawa State gubernatorial candidate for the Congress for Progressive Change (CPC), Brig.-Gen. Buba Marwa (rtd), seeking the right to appeal against the Court of Appeal decision which held that the tenure of Admiral Murtala Nyako (rtd) as governor in Adamawa State terminates in 2012.
In its verdict on Friday, the five-man panel led by Justice Mahmoud Mohammed, also referred the question as to the interpretation or application of the provisions of the 1999 Constitution, to the chief justice of Nigeria (CJN) Justice Aloysius Katsina – Alu, to constitute a panel of full court to determine the CPC’s appeal, as required by Section 234 of the 1999 Constitution.
The apex court said the appeal involves matters of constitutional and jurisprudential importance, as the appellants have shown arguable appeal to justify the granting of their application.
The Court of Appeal, Abuja, had dismissed a similar application by Gen. Buba Marwa and the CPC, seeking to be joined as an interested party in the suit filed by five state governors who sought to extend their tenures.
Justice Regina Nwodo, while delivering the Court of Appeal’s ruling on March 31, 2011 in the pre-election matter, held that Gen. Buba Marwa and the CPC had not shown legally recognised interest to be joined in the suit.
Not satisfied with this decision, the CPC and Gen. Buba Marwa appealed to the apex court, saying that Nyako’s tenure ought to terminate this year and not in 2012 as held by the February 23, 2011 decision of the Federal High Court, Abuja.
In the lead judgement delivered by Mahmud Mohammed, the apex court held that the decision of the Federal High Court, Abuja which was affirmed by the court of Appeal, Abuja, certainly affected the interest of both the CPC and Gen. Marwa to bring them within purview of the plain words of the constitution as persons having interest in the matter.
“In other words, on the plain facts and circumstances that gave rise to the case at the trial court and the appeal at the Court of Appeal, particularly the orders of the trial court postponing the conduct of the governorship election in Adamawa State which were affirmed by the Court of appeal,
l am satisfied that the applicants have satisfied the requirement of the law to justify the exercise of the discretion of this court in their favour to grant their application,” said Mahmud Mohammed, JSC.